Next Legislative Session
Texas Legislative DAY ~ January 26, 2009
~*~ NO EXPERIENCE Necessary ~*~
Everyone ENCOURAGED to attend
Please get your vacation time in now for January 26th 2009, to go to the Texas State Capitol and talk with our elected legislators. You will want to be part of this Grassroots
event that takes place the 4th Monday in January on odd numbered years. See http://legislativeday.tmra2.org/ for great information on previous Legislative Day successes.
We must show up at the capitol and visit each of our elected officials to let them know that we are here, we believe in our issues and we want them to see that we believe in our
issues and why we would like them to support our issues also.... NO Experience Necessary!! Tell your friends, family, co-workers and people that you meet while you're riding, we NEED them too!!
Please call and make your appointments with your State Representatives and Senators beginning around November 10th, after the elections.
- If you are unsure who your legislators are you can go to http://www.capitol.state.tx.us/ and on the right side of the page you will see
"Who Represents Me?" just put in your address and click "submit". You will receive a list of your legislators, along with their phone numbers and address. You will want to call your
Texas State Senator's office and your Texas State Representative's office to schedule your appointment for January 26th.
- When you call, you could ask if another member of your motorcycle community has already scheduled an appointment for that day and ask if you can attend with them if you would like.
- Send an email to LegislativeDay.2009@yahoo.com or call Robin at 903-744-0857 so we can add your appointment time and office to
the master schedule, to ensure no legislator is missed. This will also help us ensure that those who are unsure what to do at Legislative Day, have ample opportunity to be teamed up with an experienced Freedom Fighter.
The Red Roof Inn North (800- 733 -7663) will have a block of rooms (mention Texas ABATE or B210000755) for $44.99 plus tax. Texas ABATE Board Meeting and Training session will be
on Sunday the 25th at the VFW at 500 VFW Road (183 & Runberg). The meeting will begin at 4pm, we got a smoking room, but alcohol cannot be brought in, must be purchased from the VFW. If you
need or think you are going to need transportation or lodging help please email or call the above number and we can work together to ensure anyone who is interested in going has that opportunity! We
MUST unite ALL Bikers to DEMAND our Freedom to Ride.
BBQ with the
Bikers hosted by Texas ABATE will be March 18th
CLUBS BAND TOGETHER TO REDUCE
MOTORCYCLE-VEHICLE ACCIDENTS
David
Die has watched too many of his friends die in motorcycle accidents
caused by inattentive drivers - two of them within the past year. Read the Beaumont Enterprise article
Washington
Update
By The
MRFFor Immediate Release
02 October 2008
Contact: Jeff
Hennie, Vice President of Government Relations, MRF
Email: jeff@mrf.org
Washington Update
The US House passed the
Health Insurance Restrictions and Limitations Act of 2008 (HR 6908)
last week. This bill, as previously reported by the Motorcycle Riders
Foundation (MRF), would force insurance providers to disclose upfront,
in writing, any activity they are unwilling to provide full payment for
an injury sustained while participating in said activity. Currently the
insurance
providers need only refer to the federal loophole known as the
"source of injury exclusion provision" to limit payment for any injury
based on the source of the injury.
The bill passed with
unanimous consent by the US House and is now being considered by the US Senate Committee on
Health, Education, Labor and Pensions (HELP). The
Senate has passed legislation that was farther reaching than HR
6809 in a previous Congress so the outlook remains bright but time is
running short. The MRF will keep you informed on this important issue.
NHTSA Proposes New
Helmet Standards
In a notice of proposed
rulemaking (NPRM) earlier this week, the National Highway
Traffic Safety Administration (NHTSA) set forth its proposal to
modify the current safety standard for helmets, Federal Motor Vehicle
Safety Standard 218 (FMVSS 218). The proposal focuses mostly on the
least important part of any helmet, the DOT label. The NPRM outlines
what NHTSA would like to see on the back of your helmet. A new label to
replace the current football shaped sticker with the letters DOT
printed in a contrasting color to the background. NHTSA claims that due
to entities printing and selling "Doing Our Thing" that closely
resembles the DOT sticker the federal standard has been undermined and
needs an upgrade to a bigger better sticker.
The changes the
proposal outlines will require including the word "certified", the
manufacturer's name, and the model of the helmet. The proposal also
calls for the sticker to be larger and placed higher up from the bottom
of the helmet. The new sticker has one other change, it's not a
sticker. The NPRM calls for the new label to be a "water decal" to be
applied under the helmet's final clear coat.
A few problems arise
with this portion of the proposal. What about helmets that don't have a
clear coat such as leather clad or the popular matte finish? What about
the cost to manufacturing, which will certainly be higher than the
government estimates? Lastly, how does this affect the 30 helmet choice
law states? The answer to that one is, it doesn't - other than the fact
that when you choose to wear a helmet it would have to be DOT
certified.
NHTSA also called for
some changes to the testing of helmets. None of the changes provide for
a more real world condition, just adjusting some of the allowable
ranges for helmet puncture and retention.
What is troubling about
the proposal is the underlying theme of "safer crashing". We at the MRF
believe that it is best to focus on crash prevention instead of injury
mitigation. Helmets do not prevent crashes, educated riders and
motorists do.
It's true that
motorcycle fatalities are near historic levels, but so are new unit
sales and registrations. With the soaring price of fuel, expect that to
continue for the foreseeable future.
So what does NHTSA
expect this proposal to do in the real world? Let us refer to some of
NHTSA's own numbers from the proposal. First since this only really
affects the 20 mandatory universal helmet law states and the District
of Columbia where according to NHTSA's numbers 15 percent of the riders
in those jurisdictions use "novelty" helmets that don't meet the
current FMVSS 218. Reading further NHTSA says that this proposal, if
enacted, would realistically reach 5 percent of the 15 percent of
riders who now use "novelty" helmets in universal helmet law states.
Using NHTSA's method of guessing at helmet effectiveness, that amounts
to about 17-32 lives a year. Now we can certainly all agree that any
life saved is a huge success, but the original reason for this proposal
was to bring down fatalities significantly. The low double digit
decreases don't really dip the numbers down enough to make this
necessary. Again, all life is precious but with government resources
running on empty, The MRF believes this is time and money better spent
on motorcycle safety
programs that focus on avoidance of the crash.
The MRF
encourages you to provide your own public comment to this NPRM. You can
read the entire 66 page proposal that includes instructions on how to
apply. The comment period is open for 60 days. Use the link to view the
document:
http://www.nhtsa.gov/staticfiles/DOT/NHTSA/Rulemaking/Rules/Associated%20Fil
es/Helmets_Upgrade_NPRM.pdf
or
http://tinyurl.com/4zcg7x
< style="font-weight: bold;"> >
ACTION ALERT - WRITE
NOW - SENATE INTRODUCES HEALTH INSURANCE BILL FOR
MOTORCYCLISTS! TELL YOUR SENATORS YOU WANT THEIR SUPPORT ON THIS ISSUE!
S. 616
U.S.
Senator Susan Collins (R-ME) and U.S. Senator Russ Feingold
(D-WI) recently introduced S. 616, "The HIPAA Recreational Injury
Technical Correction Act.” Identical legislation passed the full Senate
in the 108th Congress and obtained 177 bipartisan cosponsors in the
House. S. 616 aims at ending health care discrimination for individuals
participating in legal transportation and recreational
activities-activities like motorcycling, snowmobiling, skiing,
horseback riding, and all-terrain vehicle riding. This legislation
addresses a loophole caused by a Department of Health and Human
Services' rule making it possible for health care benefits to be denied
to those who are injured while participating in these activities.
“While I was pleased that the rule prohibits health plans and issuers
from denying coverage to individuals who engage in certain types of
recreational activities, such as skiing, horseback riding, snowmobiling
or motorcycling, I am concerned that it would allow insurers to deny
health benefits for an otherwise covered injury that results from
participation in these activities,” Collins stated. "People
participating in activities like motorcycling, skiing, snowmobiling and
other outdoor activities should not be put at risk because of a health
insurance loophole. This bipartisan legislation will offer outdoor
recreation lovers the protection they deserve," Feingold noted. On
August 21, 1996 an important opportunity arose when President Clinton
signed the Health Insurance Portability and Accountability Act (HIPAA),
prohibiting employers from denying health care coverage based on a
worker’s pre-existing medical conditions or participation in legal
activities, such as motorcycling. In 2001, the Department of Health and
Human Services released the final rules that would govern the HIPAA
law. The rules recognize that employers cannot refuse health care
coverage to an employee on the basis of their participation in a
recognized legal activity. However, the benefits can be denied for
injuries sustained in connection with those activities. Therefore, you
were guaranteed the right to health care coverage but not guaranteed
any benefits in return for your monthly payments.
The AMA is urging all
motorcyclists to notify their Senators and tell them to co-sponsor and
support S. 616, "The HIPAA Recreational Injury Technical Correction
Act."
Go to http://www.amadirectlink.com/legisltn/rapidresponse.asp
and enter
your zip code for your senators.
URGENT CALL TO ACTION
SUPPORT S. 616
The HIPAA
RECREATIONAL INJURY TECHNICAL CORRECTION ACT
Senate
Bill 616 would end health care discrimination for individuals
participating in legal transportation and recreational activities like
motorcycling, snowmobiling, skiing, horseback riding, ATV riding, etc……
Our letters
will be to our two US Senators and respectfully ask them to
SUPPORT S. 616,
The HIPAA
Recreational Injury Technical Correction Act
Currently
medical insurance from many companies are not required to pay
benefits if you are injured on our motorcycle.
This was not the Legislative Intent of the HIPPA Law.
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From:
INSTRUCTIONS:
1.USE THE
SAMPLE LETTER AS A GUIDE. THE SECOND PARAGRAGH OF THE LETTER CAN BE
PERSONALIZED BY EACH PERSON TO REFLECT HIS THOUGHTS AND IDEAS.
2.BE RESPECTFUL IN YOUR WORDING.
3.WRITE BOTH SENATORS ----BOTH SENATORS ADDRESSES ARE INCLUDED ON THE
SAMPLE LETTER. PLEASE USE ONLY THE CORRECT ADDRESS AND SALUTATION FOR
EACH SENATOR ON YOUR LETTER. INCLUDE YOUR FULL NAME AND ADDRESS/ZIP
CODE
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= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
From:
Sample Letter:
The Honorable
John Cornyn
United States Senator
Room 517
Hart Senate Office Bldg
Washington DC 20510
Or/and
The Honorable
Kay Bailey Hutchison
United States Senator
Room 284
Russell Senate Office Bldg
Washington DC 20510
RE: Senate Bill
616-HIPPA Recreational Injury Technical Correction Act
Dear Senator,
I am writing
you today to request your support for Senate Bill 616.
This bill will
correct possible discrimination for individuals participating in legal
transportation and recreational activities like motorcycling,
snowmobiling, skiing, horseback riding and other activities of this
nature.
I have been
riding motorcycles for over thirty years and have always operated my
motorcycle in accordance with the laws of my location and in a safe
manner.
I find it
unreasonable and unfair to pay medical insurance premiums knowing that
my medical insurance company can deny coverage to me for injuries I
might incur, after the fact , for participating in lawful activities.
With today’s ever increasing fuel prices, more and more middle class
Americans, like myself, are using motorcycles, mopeds, and scooters for
transportation as a means to control costs.
We should not
be subject to medical coverage denial simply because we chose to use
motorcycles for transportation.
This was not
the original intent of the HIPPA law.
Senate Bill 616
is now in the US Senate Committee on Health, Education, Labor and
Pensions.
I urge and
request that you contact the chairman of this committee, Senator
Kennedy and the other committee members and request they support this
bill so that it can be moved to the floor of the US Senate for a vote.
I would also
urge and request that you contact Senator Susan Collins of Maine and
offer your co-sponsorship of this bill as many other US Senators have
done already.
This matter is
very important to me so I would like to thank you for your time and
consideration on this matter.
Please Respond
back with your intended position on this Bill 616.
Thank you,
(Signature in
BLUE INK)
Full Name
Complete Address and Zip Code
ACTION ALERT -
WRITE NOW - HOUSE INTRODUCES HEALTH INSURANCE BILL FOR MOTORCYCLISTS!
TELL YOUR REPRESENTATIVE YOU WANT THEIR SUPPORT ON THIS ISSUE! H.R.
1076
U.S.
Representative Michael Burgess (R-TX-26) and U.S.
Representative Bart Stupak (D-MI-1) recently introduced H.R. 1076, "The
HIPAA Recreational Injury Technical Correction Act.” Identical
legislation obtained 177 bipartisan cosponsors and passed the full
Senate in the 108th Congress.
H.R. 1076 aims at ending health care discrimination for individuals
participating in legal transportation and recreational
activities-activities like motorcycling, snowmobiling, skiing,
horseback riding, and all-terrain vehicle riding. This legislation
addresses a loophole caused by a Department of Health and Human
Services' rule making it possible for health care benefits to be denied
to those who are injured while participating in these activities. “The
development of this bill could not have been possible without
bipartisan congressional support and the hard work of the American
Motorcyclist Association,” stated Congressman Burgess. “I look forward
to working alongside the AMA to get this legislation passed into law.''
Congressman Stupak noted, “This important legislation would prevent
health insurance discrimination against citizens who take part in
legal, recreational activities such as motorcycle riding and
snowmobiling. I look forward to continuing to work with the American
Motorcyclist Association and other organizations on this issue."
On August 21, 1996 an important opportunity arose when President
Clinton signed the Health Insurance Portability and Accountability Act
(HIPAA), prohibiting employers from denying health care coverage based
on a worker’s pre-existing medical conditions or participation in legal
activities, such as motorcycling. In 2001, the Department of Health and
Human Services released the final rules that would govern the HIPAA
law. The rules recognize that employers cannot refuse health care
coverage to an employee on the basis of their participation in a
recognized legal activity. However, the benefits can be denied for
injuries sustained in connection with those activities. Therefore, you
were guaranteed the right to health care coverage but not guaranteed
any benefits in return for your monthly payments. The AMA is urging all
motorcyclists to notify their Representatives and tell them to
co-sponsor and support H.R. 1076, "The HIPAA Recreational Injury
Technical Correction Act."
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